Legal Opinion · Dissent

United Automobile Insurance Co. v. Vale

District Court of Appeal of Florida

Decided February 20, 2002No. 3D01-1702Published

1DissentSchwartz, Chief Judge

In this case involving the efficacy of a claimed notice of policy cancellation, I would reverse the judgment for the insured for a new trial because I believe the trial court prejudicially erred in denying the appellant’s requested instruction concerning the rebuttable “presumption that mail properly addressed, stamped and mailed was received by the addressee.” Brown v. Giffen Industr., Inc., 281 So.2d 897, 900 (Fla.1973); accord Service Fire Ins. Co. v. Markey, 83 So.2d 855 (Fla.1955); Moses v. Bystrom, 489 So.2d 834 (Fla. 3d DCA 1986); Brake v. State Unemployment Appeals Comm’n, 473 So.2d…

2Cases cited5 opinions

  1. Brown v. Giffen Industries, Inc.Supreme Court of Florida · 1973
  2. Service Fire Insurance Co. of New York v. MarkeySupreme Court of Florida · 1955
  3. Berwick v. Prudential Property & Cas. Ins. Co.District Court of Appeal of Florida · 1983
  4. Brake v. STATE, UNEMP. APPEALS COMM.District Court of Appeal of Florida · 1985
  5. Moses v. BystromDistrict Court of Appeal of Florida · 1986

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API